Two bills have been introduced in the Tennessee legislature to stop the indefinite detention provisions of the 2012 National Defense Authorization Act from being complied with by local and state law enforcement officials.

House Bill 1059 and Senate Bill 1290 were introduced on Feb. 11 and Feb. 14, respectively. They were referred to the State Government Committee and Senate Judiciary Committee where they currently await further action. HB 1059 was sponsored by Rep. Rogers (R-Goodlettsville) with seven more House members adding their support. SB 1290 was sponsored by Sen. Summerville (R-Dickson).

HB 1059 says, “Notwithstanding any law to the contrary, no agency of this state, political subdivision acting in his or her official capacity, member of the Tennessee National Guard on official state duty or member of the Tennessee state guard and civil air patrol shall aid an agency of the armed forces in any investigation, prosecution or detention of any United States citizen pursuant to section 1021 of the national defense authorization act of fiscal year 2012.” The Senate Bill contains the same text.

Although these bills do not interpose any criminal penalties for feds who try to kidnap Americans without proper legal protections, they do get the incredibly important idea of non-compliance to federal laws out there to Tennesseans. These bills are a firm stand against the dangerous idea promulgated all too often that the states wield nothing more than vestigial power and are meant to acquiesce to whatever their federal masters dictate to them, no matter how obviously unjust it is.

Sadly, there are still many voices of the soon-to-be obsolete political establishment spewing the same old tired nonsense in opposition. A great example of this is Tennessee State House Democratic Caucus Chairman Mike Turner. He said to the Knoxville News Sentinel that “[Republicans and Democrats] need to show some courage to put these extremists in line. … There are extremists in both political parties. A lot of their extremists got elected to the Legislature. Our extremists didn’t get elected to the Legislature.”

As mentioned in Friday’s feature article about the Feinstein-Lee Amendment by Tenth Amendment Center Legal Analyst Blake Filippi, it did absolutely nothing to rectify the loss of rights Americans faced from the indefinite detention provisions in the 2012 NDAA that we are working to nullify throughout the country. However, Senator Mike Lee disagrees about the…

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

“I just checked our committee calendar and the NDAA resolution has been scheduled for a second hearing this coming Wednesday…We’re virtually assured passage out of committee to the house floor and then passage on the house floor.”

“With this second hearing- on it’s own course right now. I don’t expect much debate at all- there will be limited commentary but I don’t see much opposition. Typically, a bill doesn’t get through to the house floor without the consent of the Speaker of the House. If a bill has no chance, it will not normally get a second hearing.” said Gordon in a follow up call Monday.

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According to the West Chester Patch, two Tenth Amendment legislative items are on the House calendar in Pennsylvania this week.

First, the House State Government Committee will take up SB10, “A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services“, in a hearing beginning at 9am tomorrow. This legislation proposes an amendment to our state Constitution which prohibits:

With the recent outburst of Police-State action in Chicago, while we’d hoped it wouldn’t come to this – we can’t say we didn’t know it was coming. With images coming not out of Iran or Egypt, but out of some of the Tenther communities own back yard, we’re witnessing a literal army of state and federal funded police, in riot gear bloodying faces, shoving people – and according to some reports – even running people over. So it’s understandable that the Liberty community is a little apprehensive that what we’re witnessing isn’t yet another exception to the rule – but a sign of things to come for every-day Americans in the near future.

And regardless of where Tenthers choose to stand on the Occupy movement, the escalating action on the part of the local, State and Federal Government is certainly worthy of condemnation in regards to obvious first-amendment Constitutional violations. Besides, with the majority of the protestors remaining peaceful, there’s only been a select number acting with violent intent – who according to Bernie LaForest, member of the Tenther Community, stated was “mostly from the anarchist crowd from the G8 summits.”

This illustrates that with very little provocation (and in some cases none at all), our Government no longer seems interested in protecting our constitutional rights, but willing to reduce us to a “commodity” status where individual freedom has been reduced to a foot-note in the Fed’s 20 volume set of Red-Tape laws.

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Kansas Representative O’Hara says that HR6021 (Opposition to NDAA) an important first step

In a hopeful attempt at interposition between the people of Kansas and the Federal Government, Chris Hong, wrote an April 25 article at L J World.com entitled “House committee looks at measure that advocates individual rights” that “The Veterans, Military and Homeland Security committee held a hearing on HR:6021, which opposes the 2012 National Defense Authorization Act signed by Pres. Obama. According to the resolution, the NDAA allows the ‘arrest, detention and rendition of American citizens without trial.’”

With a number of Kansans concerned that individual rights of Kansans (as well as those of people all across the United States) are under threat by the Federal Government’s NDAA measures – a reported “high number” of concerned people attended the hearing in the hopes of offering verbal support for HR:6021. In fact, it was stated that with testimony being limited to five minutes – it was still expected to require more than one session in order to hear everyone.

However, according to L J World, some leaders amongst the Kansas House believe that even if HR6021 should pass, the resolution wouldn’t have any effect on the Federal law. “It’s just a statement,” said Rep. Mario Goico, R-Wichita.

“It doesn’t change anything other than make a statement on what the position of the House is.”

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The senate finance committee is considering a bill, S. 1184, to amend state law, effectively nullifying sections of the NDAA authorizing indefinite detention. The bill prohibits the agencies of the state and its subdivisions, including their officers and employees, acting in official capacity from “[engaging] in any activity that aids an agency of the armed forces of the United States in execution of [the NDAA], in the investigation, prosecution, or detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”

S. 1184 was introduced February 7, 2012, and now sits in committee with two sponsors; an additional two sponsors have signed on from other committees. Given recent passage of Virginia’s own nullification of the NDAA, let’s continue this trend and send yet another message to the politicians in D.C. – we won’t allow them to abridge our liberties.

You are urged to contact individual members of South Carolina’s Senate Finance Committee, politely explaining why S. 1184 will help restore liberty and continue in the restoration of our Constitutional Republic. Should this bill pass, South Carolina will be the second state to reject the Feds and their unconscionable, unconstitutional NDAA.

April 3, 2012: It’s official. The people of Kansas are serious about protecting their natural rights, and won’t be led into the shackles of tyranny without a fight. Because, as reported at “Occupy 316”, members of Occupy Wichita recently recognized the 2012 NDAA passage for what it was, and staged a demonstration outside Senator Pat Roberts’ office – complete with detainees, a prison cell and private security personnel. (Senator Roberts was one of the Kansas Senators who voted Yes on NDAA, along with fellow Senator Jerry Moran, and Representatives Lynn Jenkins, Kevin Yoder and Mike Pompeo).

And as reported by Michael Boldin in the Tenth Amendment Center article “Cherokee County Rejects NDAA”, the people of this county didn’t wait around until their citizens began disappearing off the streets, but took preemptive action, unanimously passing a resolution in opposition to the NDAA.

But now, with the help of leaders like Kansas Rep. Charlotte O’Hara (Dist. 27), Kansas government may have an opportunity through HR 6021 to interpose (via nullification) on behalf of the people. For example, HR6021 makes clear that, “The NDAA contains provisions repugnant to, and destructive of, the constitutions and Bill of Rights of the United States of America, and this state, directly violating the U.S. Constitution’s Article I, Section 9 [Habeas Suspension Clause], Article III, Section 2, Clause 2 [Trial by jury of all crimes except impeachment], Article III, Section 3 [Treason Clause], Article IV, Section 4 [guarantee of a Republican Form of government] the 4th Amendment [Protection against unreasonable search and seizure] 5th Amendment [Right to grand jury indictment and due process], 6th Amendment [Right to speedy and public trial], 8th Amendment [Protection against cruel and unusual punishments], and 14th Amendment [Equal protection], as well as infringes on the entirety of the Bill of Rights and basic structure of the Constitution, making We the People insecure in the exercise of any of our Rights and Powers…”

Because of the above injuries and usurpations of the Constitution, HR6021 states that the NDAA provisions are not only establishing an absolute tyranny over the states, but “are nearly identical to many of the long train of abuses and usurpations that compelled our forefathers to take up arms and to separate from Great Britain, as enumerated in The unanimous Declaration of the thirteen united States of America, of July 4, 1776: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That for the above and forgoing reasons, this Legislature expresses its belief that the National Defense Authorization Act for fiscal year 2012 (NDAA) is unconstitutional in authorizing the President to use war powers, the “law of war,” and/or martial law in the United States and its territories over any person…”

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Prompted by citizens concerned over one of the federal government’s latest oversteps, the county commissioners in Elk County, Pennsylvania voted unanimously in favor of a resolution opposing sections of the National Defense Authorization Act of 2012.

Shortly after the president signed the act into law, members of the local Tea Party addressed the county commissioners in a January 17th meeting, calling for the adoption of a resolution on behalf of the county’s residents. Blaise Dornisch, a member of the Elk County Tea Party, brought to the attention of the board sections of the act which expand the executive’s power to detain indefinitely U.S. citizens suspected of terrorism. The board promised to consider the issue and the meeting was closed.

At the following meeting, Resolution No. 2012-03 was unanimously adopted by the bi-partisan commission. Titled “To Preserve Habeas Corpus And Civil Liberties,” the resolution invokes both the Pennsylvania and U.S. Constitutions to defend the rights of county residents. The commissioners found that Sections 1021 and 1022 “jeopardize the fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus….” They further declare that such an act is “in direct contravention of the guarantees of the Bill of Rights of the United States and Pennsylvania Constitutions.”

On its own, this resolution from a small county in Pennsylvania holds little weight. However, the county Sheriff’s department is in agreement, and has promised to support the resolution and “protect the constitutional rights of all citizens.”